The Iola register. [volume] (Iola, Allen County, Kansas) 1875-1902, 1887-03-18

and abato such place, BY taking posscssioa
thereof and by taking possession Of Ill such IN
toxicating liquors found therein, together with
Ill signs, screens, bars, bottles, glasses and
other property used in keeping and maintaining
said nuisance, and such personal property -
taken possession Of shall be forthwith destroyed
and the owner or keeper thereof shall, upon
conviction, be sd1udged guilty Of maintaining
common nuisance. and shall be punished BY
fli,e Of not less than 500 nor more than 200,
and by imprisonment In the county jail not less
, than thirty days nor De-o than ninety days.
The Attorney General, county attorney or any
citizen Of the county where such nuisance ex.
lists, or II kept, or II maintained, may maintain
IN action in the name Of the State to abate and
perpetually enioin the same. The injunctios
shall be granted 1t the commencement Of the
action, and no bond shall be required. ANY per
In such proceedings shall be punished for con-
tempt, by . fine Of not less than 500 nor more
than 100, and b. imprisonment in the county
jail not less than thirty days nor more than
six months, In the discretion Of the court OF
Judge thereof. In case judgment II rendered
In favor Of the plaintiff in any action brought
under tho provisions Of this section. the court
rendering the same shall also render judgment
for . reasonable attorneys fee in such action In
favor Of the plaintiff and against the defendsnts
therein; which attorneys fee shall be taxed and
collected ~ other costs therein, and when col
lected paid to the attorney or attorneys Of The
plaintiff therein.
Section 5. That section II Of chapter ~ Of
the session laws OF 1S6S DO and the same Ii
hereby amended 20 % TO read a follows: veo-
ton H. It shall be the duty OF the county It
torneys to diligently prosecute any and III Der.
sons violating any of the provisions Of this oct in
their respective counties and 70 bring suit upou
all bonds or recognizes forfeited Immediately
after the hsupeninp of such forfeiture. 70 no
cover the penalty and to psy ali money 20 col.
iected less his fee for collecting the same. n
herein provided. into the school fund Of his
county. II any county attorney shall fail,
neglect or refuss. IN faithfully perform anv duty
imposed upop him by this act he .hall DO
deemed puiltv If n u,isdemeanor and upon con.
yiction thereof shall be fined in sny gum not
less than elOO nor morn than S5OO and be i'm
prisoned IN tho county isil not less than ten
DAYS nor more tbsn ninety DAYS: and such con-.
viction shall operate a, forfeiture of his ofac..
and the court before whom such conviction may
be had shall order and adiudpe such forfeiture
of oice in addition tn the fine imposed rs herein
provified. And whenever the county attorney
shall be unable or shall neglect or refuse
to enforce the provisions of this act in his
county. or for anv reason whatever the urovis.
ions of this act shall rot he enforced in any
ersl to enforce the same I'm such COUNTY. and
for that purpose he NAV appoint "A MANY AS
sistants Al he NAV ace at. and he and his assist.
ants shall he authorized tn sign. verify and file
all such complaints. informations. petitions and
napers "a the county attorney Il authorized In
sign. verify or file and tn do and perform anv
act that the county attorney might lawfully do
or perform; and for such services he or his as
si.tant shall receive the same fees that the
court,, ,t,o-rov vov,d n. orti,,ed to sor lii.
services. to be taxed and collected in the same
shall he a conviction. and the attorneys fees a.
provided for In this act shall mot be paid by the
defendant within one month after his release
from iai, the county where such conviction IL
had shall then become liable tn the Attorney
General or his assistant nrosecutinp sucb case
for "a fee of ~, upon each count upon which the
defendant shall, have been convicted.
Section 4 That section & NJ cbanter 12S NJ the
session laws of 1SSI he and is hereby amended
On as n road "a follows. Section & No nerson
shall manufacture or assist in the manufacture
Of intoYicatino liouors in This state. eYcent for
medical. scientific and mechanical purposes
Anv person or nersons desir;np tn manufacture
anv NJ the ljouors mcntioned In this act for
r,cs,cal scientifc and mecbon;cal nurnoee.
shall nresent tn the probate nudge of the county
vhere;n such busines. ,s nronosea N he c.rried
on . netition askinv a hermit for surh nurnose
setting forth the name of the annl,cant the
Mace where II ia desired tn carry on sucb busi.
80 .nd ~. Liza =, ,,oro- -, y. ,,.,vssc,nrcd
such rctition shaIl have annended thereto .
certiacate siyned nv At leas. I'm resident elect.
ors At the ward NJ the ctv of the f3rst or second
class or nv = majority of Tho resident elector,
Of the township or citv Of the third clas.
wherein such apnl,cant des;res IN mann.
facturc .ucb intoricants certifying thu,